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1/ The following thread explains why I believe the Nike case against @MichaelAvenatti was a total setup, a political hit job. I followed the case very closely, from his arrest through the trial & beyond, including some prosecutorial misconduct by CDCA in pending cases. Buckle up!
2/ Simple Question: Would anyone planning to extort Nike call 2 NYT reporters 3 days before his first meeting w/Nike & tell them he had news related to a DOJ investigation into recruiting in college basketball? Nike was desperate to discredit @MichaelAvenatti & his evidence.
3/ @MichaelAvenatti is the 1st attorney representing a client in settlement negotiations to ever be charged w/extortion in the history of federal jurisprudence! He was arrested after a 4 day investigation spurred by a call to the FBI by Nike's outside counsel from Boies-Schiller.
4/ Why did Nike's counsel call the FBI? Feds subpoenaed Nike's Elite Youth Basketball program in Sept 2017 as part of an investigation into bribery & fraud in college basketball. Boies-Schiller law firm helped Nike deceive shareholders about the scandal, withheld subpoenaed docs.
5/ @MichaelAvenatti was accused of demanding $20M for himself over & above what he was asking for his client. But during a recorded call in which the cost of an Internal Investigation was being discussed, Nike's outside counsel was clearly the first to mention the $20M figure.
6/ Internal investigations of major corporations take years and often cost 100s of Millions of dollars, see example below. Comparing 2019 Global values, Walmart=$67B, Nike=$32B. Two high-profile attorneys could easily exceed $20M. Boies Schiller would not have done it for less.
7/ @MichaelAvenatti's co-counsel in the proposed Internal Investigation, referred to as CC-1, was in every meeting, on the video shown at trial, and on the audio of every call, but was not charged or forced to testify. AUSAs challenged key evidence, got witness subpoenas quashed.
8/ Judging by published text messages between Franklin & @MichaelAvenatti, it seems clear the client intended him to do the internal investigation. Nike's counsel balked at plaintiff's attorneys conducting the audit. CC-1 cited the USC Scandal as a recent example of exactly that.
9/ Auerbach & Franklin testified to wanting @MichaelAvenatti to be 'diplomatic' despite 100s of texts between them linked to videos of Michael being a bulldog on TV. Entered in the record for purpose of appeal, they were not allowed at trial for purpose of impeaching witnesses.
10/ Day 3 of deliberations, the jury had questions about which evidence should be considered for what purpose. Some jurors had doubts. The judge impatiently sent them back asking for details. It was Friday, Valentine's Day, President's Day weekend. Was there pressure to get done?
11/ @MichaelAvenatti posted 41 pgs of evidence on Twitter, a fraction of 300 pgs he tendered to the court. Sports journalists & commentators found the evidence entirely credible. None of the evidence was admitted at trial.
Avenatti on Outkick the Coverage https://foxsportsradio.iheart.com/content/2019-04-10-michael-avenatti-drops-bombshells-on-outkick-the-coverage/#.XnzZtQ-BE6R.twitter
Avenatti on Outkick the Coverage https://foxsportsradio.iheart.com/content/2019-04-10-michael-avenatti-drops-bombshells-on-outkick-the-coverage/#.XnzZtQ-BE6R.twitter
12/ As Clay Travis pointed out on the podcast, "It never made any sense for Adidas to be bidding for players against themselves."
Avenatti legal filings describe fierce battle between Nike, Adidas & Under Armour for top amateur players
https://bizjournals.com/portland/news/2019/08/20/avenatti-legalfilings-describe-fierce-battle.html via @PDXBizJournal
Avenatti legal filings describe fierce battle between Nike, Adidas & Under Armour for top amateur players
https://bizjournals.com/portland/news/2019/08/20/avenatti-legalfilings-describe-fierce-battle.html via @PDXBizJournal
13/ What did Nike have to gain by accusing Avenatti of extortion? Nike wanted out from under the criminal probe. @MichaelAvenatti had damning evidence. His arrest would distract attention from the Federal probe. Nike wanted to discredit him & the evidence. Trump wanted him gone.
14/ Nike-Trump connection: It's totally transactional. Nike pays Trump $13M a year on a vacated lease. Phil Knight is a big Trump donor. Trump controlled the DOJ. If @MichaelAvenatti goes away, Trump keeps getting $13M a year (plus donations) & gets a thorn removed from his side.
15/ Why would SDNY go along w/Nike?
USA Geoffrey Berman:
Trump Donor
Transition team advisor
Former partner in Giuliani firm
Friend of Kushners & Cohen
Suggested by Jared
1 of 3 USA nominees personally interviewed by 45 to lead districts most likely to investigate him
USA Geoffrey Berman:
Trump DonorTransition team advisorFormer partner in Giuliani firmFriend of Kushners & CohenSuggested by Jared1 of 3 USA nominees personally interviewed by 45 to lead districts most likely to investigate him
16/ @MichaelAvenatti's remand on the eve of trial for alleged violations 6-9 months earlier was bs. His PSO was in court to testify to his compliance. CDCA judge didn't allow it. SDNY judge found the timing suspect. No charges came of that allegation, yet he remains in custody.
17/ His public arrest, being flown to NY by US Marshals at taxpayer expense despite the fact he had a flight to NY scheduled the next day. Being thrown in solitary at MCC, denied attorney access & docs for trial prep all seem blatant attempts to deny @MichaelAvenatti due process.
18/ In remaining cases there are a number of instances of prosecutors possibly withholding exculpatory evidence, dumping docs long after court ordered deadlines, having accessed, read & copied privileged docs repeadedly, denial of having done so despite notations in the record.
